Terms of Service - Be My Eyes

Terms of Service

Get familiar with the policies, terms, and conditions for the use of Be My Eyes services.

  • Effective immediately if you sign up to use our services on or after September 4, 2023.
  • Effective on September 18, 2023 if you signed up to use our services before September 4, 2023.

Welcome to Be My Eyes!

Thank you for joining the Be My Eyes community, connecting blind and low-vision users with volunteers, customer support, and artificial intelligence (“AI”) tools to address many visual aspects of daily life (collectively, BME’s “Services”).

We hope that you will use our Services to create useful – and maybe sometimes magic – connections between blind, low-vision, and sighted users who communicate with, support, and learn from each other in positive ways. That is why we built them.

Age Limits

Our Services are for use by adults 18 and older.

Safety

We love our Services, our blind and low-vision users, and our volunteers. But nothing is perfect, so here are some safety guidelines we want to let you know up front.

  • Do not use Be My Eyes to cross the street. There are too many variables for volunteers or artificial intelligence to safely navigate street crossings.
  • To that point, our Services are not designed or intended to be used as a mobility aid: they are not a replacement for a white cane, human guide, dog guide or any other mobility aid that allows for safe travel, and you should never use them that way.
  • Our Services also are not designed or intended for medical or emergency use. If you are in an emergency, please call 911 (U.S.A.), 112  (E.U.) or the emergency services number where you live. This is a link to emergency services numbers around the world from Wikipedia. If you need medical care, please visit or contact your provider directly.
  • We talk about this a lot below, but you should avoid sharing personal information, particularly addresses, financial information, health information, or anything else that you wouldn’t want a stranger to know.

Summary

Be My Eyes connects blind and low-vision users with volunteers who can provide visual interpretation of smartphone images, to companies that provide them with services, and to artificial intelligence tools that analyze and describe images submitted by our users.

These Terms of Service set the rules for how we interact with you, how you interact with other users, and how you can, and cannot, use the Services. In a perfect world, we would not need them.  But because the world is not perfect, these rules are here to encourage positive use of the Services, to protect you, to protect Be My Eyes, and to allow us to take action if and when it becomes necessary.

This section summarizes these terms, but you need to read through the entire document.

When you use our Services:

  • You are agreeing to treat each other, and Be My Eyes, with basic respect.
  • You own the content that you create or post, including images and video chats, and you are responsible for that content.
  • But you license the content, including images and video chats, to us so that we can use it. And you agree not to sue us if we do use it.
  • We have a Privacy Policy that you can read by clicking this link.
  • You can’t use the Services to break the law, mistreat people, or transmit or post inappropriate content (in other words, this is not the Dark Web, a porn service or a dating app).
  • You cannot download, sell, resell or use Be My Eyes for any commercial purposes without a separate written agreement with us.
  • If you are blind or have low vision you are eligible to use Be My Eyes’s Services to connect to a volunteer, customer support, or Be My AI, our AI Services.  If you are not blind or have low vision, we value your participation  in Be My Eyes as a volunteer visual interpreter.
  • No trolls allowed.
  • There are rules that limit our liability for how our Service is used and limit your options if you have a dispute with us.

Overview

Be My Eyes provides three types of Service.

Our core Service allows blind and low-vision users to connect with volunteers via live video chat, so the volunteers can assist those users.  The video stream is one-way – that is, the blind or low-vision user creates the video stream that the volunteer receives.  But the audio stream is two way so that the blind or low-vision user can hear the volunteer describe the video or image content.

Our Accessible CX ™ Service allows blind and low-vision users to connect directly with Accessible CX companies that provide our users with visually-assisted customer support using the same one-way video, two-way audio connection.

Finally, our AI Service – Be My AI – allows blind and low-vision users to use artificial intelligence tools to analyze and describe the images (and maybe, someday, video) that they submit.

Be My Eyes provides the platform to make these connections and power these Services.  We do not create or pre-screen the videos or images transmitted through our Services. We are not and cannot be responsible for the content being shared using our Services.

Legal Agreement

These Terms of Service (“Terms of Service”) set out the terms under which you are allowed to use, and under which Accessibly Inc.  (“Be My Eyes,” “we,” “us,” or “our”) will provide, the Be My Eyes mobile application(s), service(s), community forum(s), and website(s) (each a “Service” and together, the “Services”).

This is a legal agreement, so please read it carefully.  By accessing or using any part of our Services, you are agreeing to follow and be bound by our Terms of Service. If you do not agree to all of the Terms of Service, you may not access or use any part of our Services.

Be My Eyes reserves the right to make unilateral modifications to these Terms of Service at any time, without your consent, and you agree that we may do so.  Be My Eyes will send notice of material modifications to your email address on file with us.  These revisions will also be posted here and on our Services, so please check back often for updates.  Revisions will take effect when posted unless stated otherwise.

Please Read These Terms of Service Carefully To Ensure That You Understand Each Provision.  These Terms of Service Contains A Mandatory Individual Arbitration And Class Action/Jury Trial Waiver Provision That Requires The Use Of Arbitration On An Individual Basis To Resolve Disputes, Rather Than Jury Trials Or Class Actions.  You Have The Right To Opt Out Of The Binding Arbitration And Class Action/Jury Trial Waiver Provision As Described In The Section Below Entitled “Disputes.”

Use of the Services

Subject to your agreeing to comply and actually complying with these Terms of Service, Be My Eyes grants you permission to access and use the Services as a blind user, low-vision user, or volunteer visual interpreter, as applicable. This permission will automatically end if you violate these Terms of Service, and Be My Eyes may withdraw or end this permission, in whole or in part, at any time and for any reason.

You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Be My Eyes is not responsible or liable for the conduct of any user or the content of any picture, audio, or video stream. Be My Eyes reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. You must exercise common sense and your best judgment when interacting with others, including when you submit or post User Content (defined below) or any personal or other information.

You agree that you are responsible for all data, telecommunications and/or other third party charges you incur to use the Service.

Reporting Abuse or Misuse of our Services

Two of our Services directly connect users with volunteers and companies to provide visual interpretation assistance for blind and low-vision users.  We hope and trust that every user will be respectful of each other, particularly given our mission.  But we recognize that this may not always be the case, and that some users may abuse our Services.  If you witness or are subject to misuse or abuse of our Services, please let us know about it immediately at abuse@bemyeyes.com.

Ownership of User Content

When you use the Services to create or transmit a video or picture; post data, graphics or a written message of any kind; or interpret a video for another user, you are creating “User Content.”  User Content may include data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials that you submit, show, post or display on or via the Services.

The video chats that connect blind or low-vision users to volunteers through our Services are a type of User Content. The blind or low-vision user who starts a video chat (the “Video Maker”) is the creator and owner of that User Content.  If you participate in a video chat but are not the Video Maker, then, and to the extent you may have any ownership right in the content of the video chat under applicable law, you hereby assign all of your rights, title and interests  in and to that video chat to the Video Maker.  You also hereby consent to the license that the Video Maker grants to Be My Eyes under these Terms of Service.

As a Video Maker, you own all of the User Content you create or post, including any video chat that you start.  If you are not a Video Maker, you own all of the User Content you create or post except that you do not own any video chat that you participate in but did not start.

You are solely responsible for your User Content. By using the Services to create or post User Content, you represent and warrant that you (i) are the original creator, owner, or licensee of the User Content, and (ii) that you have the right, power and authority to post that content and grant the licenses specified below.  You also represent and warrant the User Content you create or post will not violate third-party rights of any kind, including without limitation any copyrights, rights of publicity and privacy rights.  You agree to pay for all royalties, fees, and any other money that may be owed because of any User Content you show or display through the Service.

License of User Content

You hereby grant to Be My Eyes, and Be My Eyes hereby accepts from you,  a royalty-free, sub-licensable, transferable, perpetual, irrevocable, exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, commercialize, and make derivative works of your User Content, including your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for any purpose  in connection with the Services and Be My Eyes (and its successors’ and affiliates’) business.

You also hereby grant other Be My Eyes users a limited, non-exclusive license to access your User Content through the Services, and to use and display such User Content, only to the extent permitted through the normal functionality of the Services and subject to all applicable provisions of the Terms of Service.

Finally, you waive any rights to inspect or approve of any marketing or promotional materials related to your User Content. You also waive any and all privacy rights, publicity rights, and any other similar rights in connection with video chats, other User Content, and any portion of either. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any or all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any video chats or User Content.

Ownership of Be My Eyes Services and Content

Notwithstanding anything to the contrary in these Terms of Service, you agree that Be My Eyes and its suppliers have and will retain all rights, title and interests (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Services, including content owned or licensed by Be My Eyes (“Be My Eyes Content”), Be My Eyes trademarks and Be My Eyes service marks (collectively, the “Services IP”), and all copies, modifications and derivative works of the Services IP.  You acknowledge and agree that you are obtaining only a limited right to use the Services IP, and that irrespective of any use of the words “purchase”, “sale” or like terms in these Terms of Service or elsewhere, no ownership rights are being conveyed to you under these Terms of Service or otherwise.  Nothing contained in these Terms of Service or elsewhere in the Services should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Be My Eyes or by any third party.

Accessible CX

Accessible CX Services allow blind and low-vision users to get visual interpretation from their employers and from companies whose products and services they use every day. When you use Accessible CX services, your interaction with your employer or the company you are reaching out to will also be subject to their privacy policy and terms of service.

Your interactions with an Accessible CX company are strictly between you and that company. Be My Eyes does not control and is not responsible for any advice, data, information, or content provided to you by an Accessible CX company. We also are not responsible for any actions taken or not taken by such companies. Be My Eyes disclaims all liability for all of the foregoing, and you hereby waive any claim you may have against Be My Eyes for any of the foregoing.

Be My AI

Be My AI allows blind and low-vision users to use artificial intelligence tools to analyze and describe images submitted by those users. The images are processed by a third party, as described in our Privacy Policy. By using our AI Services, you consent and give Be My Eyes express permission to provide the images you upload to third parties for processing, analysis, and storage in the United States, and you agree Be My Eyes can use the images for any other use related to improving the service or the development of artificial intelligence products and services.

  • Errors. Artificial intelligence and machine learning tools are new and are evolving rapidly. Using Be My AI may sometimes result in incorrect responses that do not accurately describe real people, places, or facts. In some cases, AI might even describe something that doesn’t even exist in your image (you may have seen those errors described as “hallucinations”).

So we want you to BE SAFE. You should evaluate the accuracy of any results as appropriate for your use case, including by using human / volunteer review – particularly if there is any doubt about accuracy on an important issue.

Among other common-sense things, being safe when you use AI means you must not, and agree not to, rely on AI services for critical purposes, medical issues (like reading a prescription dosage), or to replace a white cane, guide dog, or other mobility aid. You also agree not to depend on our AI Services as the sole decision source for taking actions which may cause harm to you or anyone else.

  • Processing of Facial Images. Some U.S. states and other jurisdictions have laws that may require consent for processing facial images through an AI system, so we want to have that consent. If you submit an image of yourself to our AI Services, you agree and consent that Be My Eyes and our third-party AI provider may process that image, including in ways that may be considered biometric scanning in any applicable jurisdiction. If you intentionally submit an image of other people to our AI services, you represent and warrant to us that each such person has given their permission and consent to you, to Be My Eyes, and to our third-party AI provider to process that image, including in ways that may be considered biometric scanning in any applicable jurisdiction. If you do not consent to the processing of your face as described above, or if you do not have the permission of other people to process images of their face(s) as described above, then YOU AGREE NOT TO UPLOAD ANY IMAGES OF THOSE FACES, INCLUDING YOUR OWN.

Advertising

Some of the Service may be supported by advertising revenue and may display advertisements and promotions.  You agree that Be My Eyes may place such advertising and promotions on the Service, including on, about, or in conjunction with your User Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.  You agree that you are not entitled to share in the revenue generated by advertising associated with your User Content.

You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

Restrictions on Your Use of the Services

You must be at least 18 years old to use any of the Services.

You agree NOT to do any of the following:

  • register as a blind or low-vision user if you are not blind or do not have low-vision;
  • post, create, or transmit violent, nude, partially nude, pornographic or sexually suggestive images, audio, text or other content via the Services;
  • post or create any discriminatory, unlawful, infringing or hateful images, audio, text or other content via the Services;
  • solicit, collect or use the login credentials of other Service users;
  • use the Services to defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate any person or entity;
  • remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services;
  • reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit the Be My Eyes Content;
  • use the Services as a replacement for a white cane, human guide, dog guide, or any other mobility aide that allows for safe travel;
  • use the Service for any illegal or unauthorized purpose;
  • frame or link to the Services except as permitted in writing by Be My Eyes;
  • attempt to reverse engineer or attempt to interfere with the operation of any part of the Services unless expressly permitted by law;
  • download, reproduce, duplicate, copy, sell, resell, use or otherwise exploit any of the Services for any commercial purpose without express written permission from Be My Eyes;
  • change, modify, adapt or alter the Services, or change, modify or alter another website so as to falsely imply that it is associated with the Services or Be My Eyes;
  • interfere with or disrupt the Services or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature;
  • alter or interfere with the way any Service page is rendered or displayed in a user’s browser or device;
  • create accounts with the Services through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper;
  • crawl, scrape, cache or otherwise access any content on the Services via automated means, except as may be the result of standard search engine protocols or with Be My Eyes’ express written consent;
  • attempt to restrict another user from using or enjoying the Services;
  • violate the Terms of Service or any other By My Eyes terms;
  • encourage or facilitate violations of these Terms of Service or any other Be My Eyes terms by a third party.

Unless you are sharing information with an Accessible CX company (not a volunteer) and are doing so subject to their terms of service and privacy policy, you also agree NOT to do any of the following:

  • share private or confidential information via the Services, including without limitation your or any other person’s credit card information, bank information, passports, driver’s license, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses;
  • share health information using the Services;
  • use the Services as an emergency aid, a means of obtaining or providing emergency services, or a means for delivering or receiving medical treatment or medical or health services.

If you violate any of these restrictions or any other of these Terms of Service, your right to use the Services terminates immediately and any further use of the Services by you constitutes an infringement of Be My Eyes’ ownership rights, including without limitation its copyrights and other intellectual property rights, in the Services.

Reservations of Rights

Be My Eyes reserves all rights not expressly granted to you under these Terms of Service, including specifically but with limitation the rights to:

  • modify or terminate the Service or your access to the Service without liability to you (if we terminate your access to the Service or if you deactivate your account, your data will no longer be accessible through your account but those materials and data may persist and appear within the Service);
  • refuse access to the Service to you or anyone else for any reason at any time.
  • remove any content, including User Content, Be My Eyes Content, videos, images, text or data from our databases for any reason (for example, if any images violate our policies or have explicit content); and
  • remove, edit, block, and/or monitor User Content or accounts containing User Content that we determine in our sole discretion violates these Terms of Service.

Be My Eyes may, but is under no obligation to, exercise any or all of its reserved rights for any reason, with or without notice, and at any time.

Privacy Policy

Be My Eyes has a separate privacy policy that governs our collection and use of information from you.  You can access the Privacy Policy by clicking this link.

Disclaimers

BE MY EYES IS NOT RESPONSIBLE FOR USER CONTENT, THE ADVICE / ASSISTANCE GIVEN TO BLIND OR LOW-VISION USERS BY VOLUNTEER VISUAL INTERPRETERS, ACCESSIBLE CX PROVIDERS, OR AI SERVICES. BE MY EYES IS NOT RESPONSIBLE FOR ANY VISUAL IMAGES OR AUDIO TRANSMITTED ACROSS A VIDEO STREAM.

BE MY EYES SERVICES ARE PROVIDED “AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE).

BE MY EYES DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.  YOU AGREE NOT TO RELY ON THE SERVICES, OR ANY INFORMATION IN THE SERVICES, OR THEIR CONTINUATION.  WE DISCLAIM ALL AND MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY USER CONTENT OR THIRD PARTY SERVICES, INCLUDING WITHOUT LIMITATION ACCESSIBLE CX COMPANIES AND AI TECHNOLOGY PROVIDED BY THIRD PARTIES, OR AS TO THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT ACCESSIBLE VIA THE SERVICES, INCLUDING WITHOUT LIMITATION THE RESULTS OF USING ANY AI SERVICE TO ANALYZE IMAGES, VIDEOS, OR OTHER CONTENT OF ANY KIND.

SOME STATES AND JURISDICTIONS MAY NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

BE MY EYES IS NOT RESPONSIBLE FOR USER CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE, INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT.

Although it is Be My Eyes intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, but not limited to, for emergency repairs and scheduled maintenance or upgrades.

In addition, your ability to use the Services is dependent on the functionality of the device that you use to access the Services as well as the availability and coverage of wireless networks, telecommunications networks and the Internet, all of which involve facilities manufactured, owned and/or operated by third parties.  BE MY EYES IS NOT RESPONSIBLE FOR THE OPERATION, AVAILABILITY OR FAILURE OF ANY THIRD PARTY DEVICES, SYSTEMS OR FACILITIES, INCLUDING WITHOUT LIMITATION THOSE REQUIRED TO USE THE SERVICES.

Limitation of Liability

Between you and Be My Eyes:  IN THE EVENT OF A DISPUTE BETWEEN YOU AND BE MY EYES OR OUR THIRD PARTY SERVICE PROVIDERS, AND SUBJECT TO THE EXCEPTIONS BELOW: (I) NEITHER YOU, NOR BE MY EYES OR OUR AFFILIATES, OUR LICENSORS OR OUR THIRD-PARTY SERVICE PROVIDERS, WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) LIABILITY FOR ANY MATTER ARISING UNDER OR RELATED IN ANY WAY TO BME SERVICES OR THIS AGREEMENT WILL NOT EXCEED USD $10,000.

Between you and another user: IN THE EVENT OF A DISPUTE BETWEEN YOU AND ANOTHER USER RELATED IN ANY WAY TO THE SERVICES OR YOUR INTERACTIONS USING THE SERVICES, NEITHER YOU NOR THE USER WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNLESS THE CONDUCT THAT FORMS THE BASIS FOR THE DISPUTE WAS INTENTIONAL, CRIMINAL OR GROSSLY NEGLIGENT.

Exceptions: THE LIMITATIONS BETWEEN YOU AND BE MY EYES DO NOT APPLY TO YOU IF YOU VIOLATE BE MY EYES INTELLECTUAL PROPERTY RIGHTS OR COMMIT ANY INTENTIONAL ACT THAT HARMS ANOTHER PERSON, OUR SERVICE, OR OUR THIRD-PARTY SUPPLIER(S).

SOME STATES AND JURISDICTIONS MAY NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Not an Emergency System

Be My Eyes Services are not designed to be or intended for use as an emergency aid, a means of obtaining or delivering emergency services, or a means for delivering or receiving medical treatment or medical or health services.  The Services have not been tested or approved for such critical, high-risk uses and you agree that you will not use the Services for such purposes.

Release

You hereby release Be My Eyes (and our affiliates, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with a dispute between you and any third party, including without limitation another user of our Services, whether it be at law or in equity.  This includes, for example, any disputes regarding User Content or the interpretation of User Content.

YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

This release will not apply to a claim that Be My Eyes failed to meet one of our obligations under these Terms of Service.

Disputes

Informal Dispute Resolution

Before filing any claim against Be My Eyes or otherwise seeking relief in a court of law, you agree to first contact Be My Eyes at legal@bemyeyes.com to inform us of your complaint and seek resolution.  This notice of dispute must include: your name, pertinent account information, a brief description of your dispute, and contact information so that Be My Eyes may evaluate the dispute and attempt to informally resolve it.  Be My Eyes will have 60 days from the date of your original complaint to informally resolve the dispute, which if successful will avoid the need for further action.

Mandatory Arbitration and Class Action/Jury Trial Waiver

In the unlikely event that Be My Eyes is not been able to resolve a dispute it has with you within 60 days of your original informal claim, we each agree to resolve any Claim by binding arbitration before an arbitrator from the American Arbitration Association (“AAA”) in the City and County of San Francisco, California under the Consumer Arbitration Rules then in effect for AAA. You can find out more information about AAA and contact them at www.adr.org.

Class Action and Jury Trial Waiver
All Claims Must Be Brought In The Party’s Individual Capacity, And Not As A Plaintiff Or Class Member In Any Purported Class Action, Collective Action, Private Attorney General Action Or Other Representative Proceeding.  This Waiver Applies To Class Arbitration, And Unless We Agree Otherwise, The Arbitrator May Not Consolidate More Than One Person’s Claims.  You Agree That, By Entering Into These Terms of Service, You And Be My Eyes Are Each Waiving The Right To A Trial By Jury Or To Participate In A Class Action, Collective Action, Private Attorney General Action, Or Other Representative Proceeding Of Any Kind.  

Right to Opt-Out of Arbitration and Class Action / Jury Trial Waiver

Action Is Required To Protect Your Legal Right To Sue Be My Eyes In Court Or To Participate In Any Way In A Class Action, Collective Action, Private Attorney General Action Or Other Representative Proceeding.  You May Opt Out Of The Foregoing Arbitration And Class Action / Jury Trial Waiver Provision Of These Terms of Service By Notifying Be My Eyes In Writing Within 30 Days Of The Effective Date Of These Terms of Service Or Your First Use of the Services, Whichever Is Later.  Such Written Notification Must Be Sent To Either: Be My Eyes, 12345 Yale Street, 1st Floor, Palo Alto, CA 94306, USA, Attention: Arbitration Opt Out, or (ii) legal@bemyeyes.com With The Subject Heading: Arbitration Opt Out.  Your Written Notification Must Include: (1) Your Name, (2) Your Address, (3) Your Telephone Number, (4) Your Email Address, And (5) A Clear Statement Indicating That You Do Not Wish To Resolve Disputes Through Arbitration And Demonstrating Compliance With The 30-Day Time Limit To Opt-Out of the Above Arbitration and Class Action/Jury Trial Waiver Provisions.

Copyright and the DMCA

Accessibly respects the intellectual property rights of others and requires that you and all of our users do the same. If you believe that content or other activity taking place on our site or Services constitutes infringement of a work protected by copyright, please provide Accessibly’s DMCA administrator the written information specified below, as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”)

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located;
  • Your address, telephone number, and email-address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Accessibly’s DMCA administrator for notice of claims of copyright infringement on the Site can be reached as follows:

DMCA Administrator
Accessibly, Inc.
2345 Yale Street, 1st Floor
Palo Alto, CA 94306

Email:  DMCA@bemyeyes.com

Miscellaneous Terms and Conditions

You are responsible for compliance with applicable local laws where you live or access the Services. Be My Eyes will not be considered to have modified or waived any of our rights or remedies under these Terms of Service unless the modification or waiver is in writing and signed by an authorized representative of Be My Eyes.  Email exchanges may not result in a waiver or modification of these Terms of Service. No delay or omission by Be My Eyes in exercising its rights or remedies will impair its rights or be construed as a waiver.  Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.

You will not transfer, assign or delegate your rights or obligations under these Terms of Service to anyone without the express written permission of Be My Eyes, and any attempt to do so will be null and void.  Be My Eyes may assign these Terms of Service in its sole discretion.

The Services are controlled and operated from the United States. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations.  You warrant that you are not prohibited from receiving US origin products, including services or software.  You may not use or access the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.

Neither of the parties to these Terms of Service will be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party.  The time for performance of such party will be extended by the period of such delay.

The paragraph headings in these Terms of Service are included for ease of reference only and have no binding effect.  These Terms of Service and all documents referenced in these Terms of Service (including the Privacy Policy available by hyperlink above) comprise the entire agreement between you and Be My Eyes with respect to the use of our Services and supersede all prior agreements between the parties regarding such use as well as any conflicting or inconsistent terms in any web sites that link to or are linked from the Services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms of Service, which will remain in full force and effect.